4 persons who assaulted cops get bail, asked to deposit ₹5000 in CM’s Relief Fund

The Bombay high court on Friday granted bail to four persons who were part of a mob which attacked police patrol unit in Govandi during the lockdown on the condition

The Bombay high court on Friday granted bail to four persons who were part of a mob which attacked police patrol unit in Govandi during the lockdown on the condition that they deposit a fine of ₹5000 ‘as punishment to be responsible citizens’ in the chief minister’s relief fund. The fine amount is over and above the personal bond of ₹10000 that each of the accused has to furnish for the bail.

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The single-judge bench of justice Bharati Dangre while hearing the bail applications of Gaus Mohammed Shaikh and three others were informed by advocates Jigar Agarwal and Shaikh Shafi Ahmed that there was no evidence against the four and they were arrested and booked only because they were in 22-25 years age group and were residents of the locality where the incident happened.

The incident according to the prosecution occurred on April 26 when a police patrol was enforcing the lockdown in Govandi by shooing away hawkers squatting on the footpath. A mob of 25-30 persons brutally attacked the patrol team by throwing bricks and pelting them and their vehicles with stones. The prosecution submitted that the mob resorted to vandalism intending to impair police personnel from discharging their duty.

Advocate HJ Dedhia appearing for the police submitted that the attack destroyed one of the police vans. “Entire conduct of the mob was shameful and they attempted to assault the police personnel engaged in official duty and who are rather putting their life at risk in the situation of Covid-19 pandemic to keep citizens safe and free of Covid-19,” said Dedhia. After the situation was brought under control the Shivaji Nagar police arrested the four and charged them with an attempt to murder and for damaging public property and for disobeying orders by Police under Maharashtra Police Act.

Dedhia also informed the court that two of the applicants had tested positive for Covid-19 and tested negative after appropriate medical treatment.

After hearing submissions, Justice Dangre observed, “No doubt, the incident is unfortunate in the present scenario and the fact that several such incidences and occurrences are being reported in the entire country cannot be lost sight of.”

The Court further said, “Though the applicants are entitled to the benefit of the doubt, alleged act policemen being attacked apparently while trying to enforce the corona virus-induced lock-down need to be tackled on a serious note. The applicants should be made to bear the consequences of assaulting the police team and causing an interruption in the discharge of their official duty.”

While granting bail to the applicants on furnishing a personal bond of ₹10, 000 with sureties, justice Dangre said that the applicants could be released on bail if they deposited ₹5000 each to the CM fund on their immediate release adding that, “Failure to do so would result in recalling of the said order releasing them on bail.”